- (1.) The petitioner has challenged the orders dated 31.8.2010/ 4.9.2011 and 30.7.2004/ 2.8-2004 (Annexures 8 and 6 respectively to the writ petition) which are relating to his date of birth. Admittedly the petitioner has joined the service on 24.5.1984 as Handling Labour in the respondent Corporation i.e. Food Corporation of India at Hapur. The case set up by the petitioner is that his date of birth had been mentioned as 1.12.1956 but in 1995 when he was transferred from Hapur to Varanasi, he received a letter from the District Manager that there is some interpolation in his date of birth, therefore, he may adduce evidence regarding his date of birth.
(2.) After looking the evidence adduced by the petitioner showing his date of birth as 1.12.1956, an order was passed by the District Manager on 11/16.3.2004 stating that the date of birth of the petitioner is being corrected as 1.12.1956. It is said that the corrected date of birth was mentioned in several other documents. However, it is not in dispute that later on the District Manager, Food Corporation of India, Varanasi by office order dated 30.7.2004/ 2.8.2004 have recalled his earlier order dated 11 /16.3.2004 and clarified that date of birth of the petitioner is 1.12.1950 winch was mentioned in his office history card prepared at Hapur.
(3.) The petitioner remained silent and did not challenge the said order of cancellation for almost six years. On the basis of date of birth as 1.12.1950, the petitioner was going to retire on 30.11.2010 and just a few days earlier i.e. about three months, he approached this Court in Writ Petition No. 45742 of 2010 challenging the order dated 30.7.2004/2.8.2004. This Court, however, declined to interfere with the said order observing that no correction in the date of birth at the fag end of the service career is permissible and no writ petition for such purpose shall be entertainable. Having so said, this Court granted liberty to the petitioner to place his case before the administrative authority. The judgment of this Court dated 4.8.2010 is as under : Under the order dated 2.8.2004 the District Manager, Food Corporation of India, District Office Varanasi has directed that the date of birth of the petitioner as per the service record, be treated as 1.12.1950. It is against this order that the present writ petition has been filed. The petitioner has approached this Court at the fag end of his service career as per the date of birth noticed above. The Hon'ble Supreme Court of India has repeatedly held that such petitions for correction in the date of birth at the fag end of the service career are not to be entertained. In the facts of the present case, this Court finds no good ground to interfere with the order dated 30.7.2004. However liberty is granted to the petitioner to represent his grievance before respondent No. 2, within two weeks from today, alongwith a certified copy of this order. On such a representation being made the respondent No. 2 shall call for the records and shall pass a reasoned speaking order preferably within six weeks thereafter. Writ petition is disposed of.;